Author
Since 2014 up until the first half of 2021, Syrians and stateless persons were channelled into a fast-track procedure often resulting in the granting of refugee status. This applied to those with a former residence in Syria who could provide original documents such as passports, or who had been identified as Syrians/persons with a former residence in Syria within the scope of the Reception and Identification Procedure; provided that the EU-Türkiye Statement and the Fast-track border procedure did not apply to their cases. However, the Joint Ministerial Decision 42799/2021 issued in June 2021, pursuant to Article 86 of L. 4636/2019, already replaced by Article 92 of the Asylum Code, established that Türkiye is to be considered safe for applicants from Syria, Afghanistan, Pakistan, Bangladesh and Somalia. As a result, applications lodged by nationals of the above-mentioned countries are now channelled into the admissibility procedure upon arrival, to assess whether Türkiye is a safe third country and whether their cases are admissible and should be examined on the merits.
The practice with regard to the examination of the applications of Syrian asylum seekers changed after the fall of the Assad regime on the 8th of December 2024. The Governmental Council for Foreign Affairs and Defence, aligning with similar decisions made by other European governments, suspended the issuance of asylum decisions for Syrian nationals. As a result, applicants who had successfully completed an admissibility interview by December 8, but had not yet received a decision, were required to undergo an interview on the merits. Applicants who had not yet undergone an admissibility interview participated in a merged interview, covering both admissibility and merits.[1] In all cases, no decisions were issued.
The suspension regarding the issuance of decisions on applications of Syrian nationals was officially confirmed a month later, on 10 January 2025, by the (at the time) Minister of Migration and Asylum. As per the Minister’s reply to a parliamentary question:[2]
‘The recent takeover of Syria by Hay’at Tahrir al-Sham (HTS) […] has created considerable uncertainty and raised critical questions about the future protection needs and possible return of millions ofdisplaced Syrians, with significant implications for EU+ asylum and reception systems. The volatility and uncertainty of the situation does not allow for a safe assessment in the medium and long term.
In this context, our country has temporarily suspended the issuance of decisions on asylum applications from Syrian nationals in order to review and reassess the situation in Syria, a measure taken by the vast majority of EU Member States. Following the fall of the Assad regime, the possible grounds for persecution and the risks faced by applicants in Syria should be assessed in the light of up-to-date information on the country of origin.
It is noted that regional asylum services continue to receive asylum applications, while asylum interviews are conducted but no decisions are being issued. It is estimated that there are currently around 6,050 pending asylum applications from Syrian nationals. The average processing time for Syrian nationals in Greece before the suspension of the examination was approximately 2.5 months.
[…] On the basis of the above, it is recommended that a standstill be maintained at this stage until the highly volatile situation in Syria is stabilised, and that guidelines be issued by international organisations such as the EUAA and UNHCR whenever possible, in order to resume the examination of asylum applications of Syrian nationals on an individual basis.’
Also, although the fast-track border procedure was initially introduced as an exceptional and temporary procedure, it has become the rule for the applicants residing in Lesvos, Samos, Chios, Leros, and Kos.
Safe country of origin
Legislation also provides for the application of the Safe Country of Origin concept to consider applications manifestly ill-founded unless specifically proven otherwise by the person of concern. Article 92 of the Asylum Code (replacing by codification Article 87 of Law 4636/2019, according to Articles 36 – 37 of 2013/32/ΕΕ Directive) authorises for the relevant Ministry to include such countries of origin in a National List of Safe Countries of Origin, by way of Joint Ministerial Decisions. Joint Ministerial Decision 78391 (ΦΕΚ Β΄’ -667/ 15.02.2022),[3] of the Ministry of Migration and Asylum and external Affairs (replacing JMD 778/20.1.2021) designated as safe countries of origin, Egypt, Albania, Algeria, Armenia, Georgia, Gambia, Ghana, India, Morocco, Bangladesh, Benin, Nepal, Ukraine, Pakistan, Senegal, Togo, Tunisia. The Decision was amended in November 2022 by JMD 708368 / 25.11.2022 in order to exclude Ukraine from the list. In December 2024, JMD 305652 (ΦΕΚ Β 7117/27.12.2024) included Angola and Moldava in the list, reaching a total of 18 Safe Countries of Origin.
Ukraine
Differential treatment according to nationality was repeatedly reported since the initiation of temporary protection for Ukrainian Nationals in April 2022. The Greek Government seemed to openly discriminate in favour of asylum applicants of Ukrainian origin against all other nationalities, a fact repeatedly criticised by Civil Society at the time and already documented in previous AIDA reports (2022, 2023).[4] Ukrainian nationals were provided with specific facilitations and a particular asylum procedure based on their nationality simpler and less time-consuming than all other asylum applicants including immediate access to the procedure, 24-hour information through the Ministry’s hotline for Ukrainian nationals as well as special status – a temporary protection residence permit, which was provided immediately after the temporary protection application and for the duration of one year (see Temporary protection annex).
[1] Indicative Press Releases: Naftemporiki, Το ΚΥΣΕA αποφασίζει για τους Σύρους πρόσφυγες – Στην ατζέντα το «πάγωμα» αιτημάτων ασύλου, 13 December 2024, Naftemporiki, available at: https://tinyurl.com/37zyhf7k.
[2] Minister’s of Migration and Asylum no. 6556/10-01-2025 response to the Greek parliament, available [in Greek] here.
[3] Available only in Greek at: https://bit.ly/3MUZJgG.